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Hello again! There’s been another development.
An advisor from Lands and Property information studied the strata plan in relation to the airspace above the parking bay. She said that the normal airspace is usually set at 2.4m, but in this case, this was left off the strata plan, and she said this was unusual.
So, it appears that the owner of the parking bay owns the airspace above it.
Does this mean that if she wants to build a structure on the parking bay, she can do so without OC approval?
She still doesn’t own land between the parking bay and her garage structure, so at least her initial plan for one large development can’t go ahead without being granted exclusive use of the small piece of land between.
Therefore, her original DA can not be gone ahead with. I assume that she’d have to put in a new or amended DA, and I also assume that this would need the Strata Seal on it to show that she had OC approval. Or, is this not necessary with an amended rather than a completely new DA?
Basically, she bought a lot that includes a parking bay. Can she build on it as she owns the airspace, even if the OC decide that they don’t want her to because of the impact on other units?